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cops power to search - especially in your car

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XSI11V

Bluelighter
Joined
Mar 29, 2000
Messages
539
Location
syd nsw aus
I did a search but it didn't amount to anything, so perhaps someone could point me to a thread and I'll delete this one.
To me the laws are either hazy or ever-changing or the cops don't want you to know your rights in such situations.
I was pulled over and searched about a year ago and my g/f of the time was done with a Q of pot. After 'fairly' lengthy court proceedings, she ended up getting off
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as she pleaded not guilty on the grounds that it was an illegal search (their reason for searching was that whilst they followed me for 20 kms I was driving suspiciously slow - and I don't think they had a right to search her - being a passenger). After all this I'm still just as confused as to my rights!
If say a cop DOES have reason to perform a search(eg. suspects you're carrying a knife - ha good one that) what lengths can they go to? I've got a fairly extravagant car stereo which i guess they *could* possibly dismantle - yet I couldn't see them doing it.... but then again there is at least 80 litres of space in the sealed box that houses some of the speakers
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I dunno... anyone???
sorry bout the long post !
[This message has been edited by XSI11V (edited 22 August 2000).]
 
This one came on on Triple J a little while ago, whilst law's arn't uniform across Australia I think they are fairly close on this one.
Police have the power to search vehicles if they suspect there may be drugs on board.
What makes them 'suspect' is fairly subjective and there is quite a bit of room for movement.
Power to search individuals... well I believe its fairly different and a bit more restrictive.
Basically if you are going to be carrying drugs around in the car don't keep them in your glove box or any very obvious place or keep them on your person
(isn't that right Lep?
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I've been pulled over by cops and they have requested to search my boot - I refused them stated unless they had a search warrant I would not open it. They procceded to tell me that they have the right to search my car if they suspect drugs are onboard. Again I stood my ground and told them no - if I am a random stop then I'd like to know what makes my vehicle suspect....and if I'm not a random stop but an ongoing investigation then they have had plenty of time to obtain a warrant.
This is where it got real funny..(at the time I was working as a Youth Worker for Health and Community Services - working with young offenders). I was running late to get to court, so I told them I was in a rush to get to court.
"ohhh going to court are we" one of the young officers remarked.
"yes, I'm due in court with a young person on a supervision order - I am his case manager" I said
"ohhh can you hold on a minute sir" he said
At this point both went back to their car and one of them came back and let me go, saying there had beenm a terrible misunderstanding. I was laughing so hard on the inside. In other words here is someone who know's his rights and is in a position to kick up a stink - for some unknown reasons cops are shits themselves around Youth Workers?
Police do have powers, but they are limited, it's just knowing what the limitations are. You could drag it on and demand proper reason for the search (like I did), but in the end if you have nothing to hide just let the wankers search and be on their merry way. Like Soma has said, don't keep your drugs in obvious places and you should be right. It's a real grey spot as to how they determine you car is suspect - so take precautions
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"Never trust a man who, when left alone in a room with a tea cozy, doesn't try it on" - Billy Connolly
 
This is some advice I got from a cop (a friend's friends).
When driving to and from a club, and I guess anywhere in between, carry your drugs on you. The reason being is that they can do a random roadworthy check on you car, and if they are a little sus, the will look in a couple of extra spots or whatever. Cops aren't that dumb!
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Jaff
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"Naa, Don't worry about it man, it's like bridge under the water!"
 
Pretty hard hiding a pound of green on ya though...Methinks plugging would not be the ideal fix-it ;-) *add Arnold's laugh from Happy Days*
I remember being pulled over by the boys-in-blue (oyster bar..) and my friend got a nice whack across the head from one of those big black torches...OUCH!..Just because he refused to give them his name... Be careful and be sensible. haste you obviously knew what to say etc..well done..
My friend got a lovely sore-spot for his troubles and me? Well I got off with a friggin' canary (unroadworthy cert) for having a broken front headlight which was due to a tree falling on the car while driving along. I kid you not! And the lovely comment from Mr Plod? "Ahhhh you can thank your friend for the canary..you would have been ok if he didn't get smart..."
NOT HAPPY JAN!
 
Legally you don't have to give them your name - you don't have to say shit - but it's in your best interest that you do. As you found out Greenalien, what can start out as something minor can sometimes bag you a bunch of other goodies - such as your canary. I guess in the end it's just a matter of weighing up whether it's worth the hassle of challenging the police. Certainly if you have something to hide you will do you darndest to avoid getting busted. If you have nothing to hide - let them have their cheap thrill and you can be on your way. If you ever feel like you are being hassled unrightly ask them for their name and station they are from (and just make a mental note of their number plate). Police are accountable for their actions - it's just that most be think they a powerless against them and they prey on this fear factor.
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"Never trust a man who, when left alone in a room with a tea cozy, doesn't try it on" - Billy Connolly
 
If you are the driver of a vehicle or on public transport then yes you do have to give your name.
If you are driving then you must pass over your license which accounts to the same thing.
 
good point Soma
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"Never trust a man who, when left alone in a room with a tea cozy, doesn't try it on" - Billy Connolly
 
in court as far as i know the cop must prove that there was "reasonable suspicion" in order to have authority to legally search the car. This then begs the question, what constitutes reasonable suspicion? Your guess is as good as mine on that one, guess it comes down to the judge. Don't you just love ambiguous laws?
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you have to give your name and address to the police if they "think" you have committed a crime, are about to committ a crime, or can give them information about a crime,
yeah so you pretty much have to give them atleast your name and address, after that you dont have to say dick
 
all they need to search you/your car is a reason to suspect that are carrying drugs/weapons. i am under the impression that even a pretty lame reason would hold up in court if challanged, especially if you are a younger person.
if they do find drugs on you, then "i thought s/he had drugs on them" seems pretty valid, doesn't it. coz it's true. and if they don't find drugs, who the hell is gonna bother making a complaint about being searched, it just wastes more of your time.
 
This thread raises a lot of interesting points about 'your rights with the police' in general. Can someone please leave some information here to suggest where one can find extended information about your rights with police in Australia, and even better (for me) Victoria.
Because personally, I would love to be able to know my rights if i ever was confronted by police for any reason, or if I decided to protest for any reason, in order that they cannot 'prey' on my lack of knowledge. Sadly, its the aboriginal people and heroin-addict type people that you see being hassled every day on bourke street. If they knew their rights, the police would have to operate strictly to the rules, instead of bending them where they can.
 
There is an excellent book bought out every year by the Fitzroy legal service. Your local library should have a copy or contact them for more information.
Extremely informative guide to the law and how it relates to us *cough* normal people.
Soma.
 
Here are some links for people in NSW, Vic and Qld.
Police powers in NSW http://www.legalaid.nsw.gov.au/lac.nsf/pages/streetsmart01
Young people and the police in NSW – your rights http://www.lawsocnsw.asn.au/legalhelp/answers/youtharrest/10.html
Your rights if arrested by police in NSW http://www.lawlink.nsw.gov.au/crd.nsf/pages/community4
Police powers in Vic http://www.legalaid.vic.gov.au/leginfo/police/
Police Powers in QLD http://www.police.qld.gov.au/qps/pp_r/pp_r.ssi
Young People & Police Powers : An analysis of current practice with recommendations for an improved legislative framework http://www.ayf.org.au/publicity/p94-301s.htm
If you live elsewhere in Oz check out the web site for legal aid in your state. Sorry, I've run out of time.
Finn
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[This message has been edited by Finn (edited 23 August 2000).]
 
I was in a car tonite that was pulled over by the police - the only reason they gave was that my mate in the front seat looked at them in a suspicious manner - my advice, don't look at em!!!
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I think of my life as a series of sketches; each one funnier than the last
 
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